23.5.3 Conclusion - Posting to RRF endemic areas not an influence on liability

Therefore, the Act negates any assertion that merely being required to reside in an area where the disease is endemic, represents a nexus with employment. Compensation is not payable on the basis of place of residence at the time of infection. The 'off duty' hours of a member residing full time (i.e. posted, for the time being) in a particular area do not attract compensation cover. The client must instead demonstrate that the nature of their employment made their particular employment group more vulnerable to infection than other sorts of employmentconducted in the same area. Delegates should seek official statistics on infection rates (available from ADF Health and from the relevant State or Territory Health Departments) before accepting such any such assertion.

About CLIK

The Consolidated Library of Information and Knowledge (CLIK) contains all the legislative, policy and reference material used by DVA staff in providing service to the clients of the Department of Veterans' Affairs.

Rehabilitation

Disclaimer

Information provided on this website is for general information and on the understanding that the Australian Government is not providing professional advice on a particular matter.

While we make every effort to ensure that the information on this site is accurate and up to date we accept no responsibility whether expressed or implied for the accuracy, currency and completeness of the information.

Before relying on the material you should independently check its relevance for your purposes, and obtain any appropriate professional advice.

For reasons of succinctness and presentation, the information provided on this website may be in the form of summaries and generalisations, and may omit detail that could be significant in a particular context, or to particular persons.

Important legislative change

Please be aware that Parliament has recently passed a new Act that will replace the Safety, Rehabilitation and Compensation Act 1988 (SRCA) for current and former members of the Australian Defence Force (ADF) with conditions linked to service prior to 1 July 2004.

The new Act, titled the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA), will have the same eligibility requirements and provide the same benefits for current and former members of the ADF with compensation coverage under the SRCA. The DRCA will also apply to new claims the Department receives from current and former ADF members with injuries, diseases, deaths, losses or damages resulting from ADF employment prior to 1 July 2004.

The DRCA commenced operation on 12 October 2017.

As a result of this change, the Department is updating its published information, including hardcopy and website content, including CLIK. While this process is well underway, it will take some time before all changes are complete. In the meantime, references within CLIK to the Safety, Rehabilitation and Compensation Act 1988 or SRCA should now generally be understood to be references to the new DRCA Act (with the exception of intended historical references to SRCA). It is important to note that the same provision references (i.e., sections, subsections and paragraphs) from the SRCA have been retained in the DRCA.

Again, while the Department makes every effort to ensure that the information on this site is accurate and up to date and all necessary changes will be made as soon as practicable, the above disclaimer notice is of particular importance to those members whose circumstances may be affected by this legislative change. We appreciate your patience during this change process.